CRC 1700(b)(2) Provides the Governing Rule. In Kelman v. Kramer, Case No. D054496 (4th Dist., Div. 1 Sept. 14, 2010) (unpublished), defendant lost a libel suit to a mold expert plaintiff, who was awarded $1 nominal damages and $7,252.65 in costs as the prevailing party. However, defendant recovered $2,545.28 in costs for prevailing against […]
Appellate Division Held Objector Not Entitled to Fees. Though we do not venture out of California often, we do report on an interesting case that was just argued in the class action area in front of the New York Court of Appeals (which, for those of you unfamiliar with the New York system,
Main Controversy Surrounded Hourly Rates and Reasonableness of Fee Request. The great thing about blogging is that we actually do get reader participation, and participation by reader attorneys that have won significant fee awards. Here is a recent award to a student under the Individuals with Disabilities Education Act (IDEA), a federal fee-shifting
Trial Judge Also Correctly Awarded Interest on Fee Award and $193,800 In Appellate Attorney’s Fees. McCasland v. Beckman, Case No. E049166 (4th Dist., Div. 2 Sept. 10, 2010) (unpublished) (McCasland II) is the second group of appeals addressing attorney’s fees awarded to winners of a contract dispute, after the appellate court affirmed the merits
Second District, Division 6 So Rules in Unpublished Decision. This next one should interest any litigators or courts involved in boundary line/encroachment/easement disputes, involving the breadth of the damages provision contained in Civil Code section 3334. Section 3334 provides that in non-eminent domain cases the detriment caused by wrongful occupation of real property
Fourth District, Division 1 Serves a Stern Reminder to Litigants Seeking “Needs Based” Awards. Marriage of Mells, Case No. D055917 (4th Dist., Div. 1 Sept. 9, 2010) (unpublished) is a situation where mother obtained a substantial child support arrearages award against father as well as awards of $7,500 in attorney’s fees and $2,778.24 in
$42,064 Fee Award and $3,583 Expert Witness Award Gets Reversed. The nice thing about posting on unpublished decisions (and we find an overwhelming number to be well reasoned) is that they always have pointers for litigators on what and what not to do. The next lessons involve satisfying mediation condition precedent clauses for fee
Case Pitted Two Large Los Angeles County Law Firms Against Each Other. Holy Cow, Batman! Here is a wow POOF!—showing how substantial fee awards will evaporate upon a reversal of a judgment. The case of Cussler v. Crusader Entertainment, LLC, Case Nos. B215815/B220761 (2d Dist., Div. 3 Sept. 8, 2010) (unpublished)
Statistics Confirmed in Recent Orange County Register "Opinion" Piece. As reported by Lawrence McQuillan and John R. Graham in a piece in the "Opinion" section of the September 8, 2010 The Orange County Register, doctors prevail in 90% of cases that go to trial, but the average defense cost per trial approaches $100,000
Sixth District Finds Award Was No Abuse of Discretion The next case counsels litigants caught up in family law proceedings to be candid with the trial judge with respect to submission of financial evidence. Failure to be candid frequently will negatively impact the merits, as well as influence the court’s thinking on awarding
